A wrongful death settlement is often the only way for a family member to seek justice for their loved one who may have died in a situation that could have been prevented.
If you’re concerned that your family member may have died under circumstances that could have been stopped, for example, after a fall within a nursing home, you will be entitled to legal assistance.
The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who have lost loved ones to nursing home wrongful death. Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call. You can contact us for a free consultation, or read on to find out more.
To figure out how the nursing home you have chosen for your family is rated and to see if the home has any prior violations, check out our nursing home index. We’ve compiled all of the nursing homes in Arizona as well as their health code reports.
Additionally, take a look at our Nursing Home Glossary– an index of important words you need to know in a nursing home abuse case and their definitions.
If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.
To figure out how the nursing home you have chosen for your family is rated and to see if the home has any prior violations, check out our nursing home index. We’ve compiled all of the nursing homes in Arizona as well as their health code reports.
Additionally, take a look at our Nursing Home Glossary– an index of important words you need to know in a nursing home abuse case and their definitions.
If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.
Our guide to wrongful death claims helps explain what is considered a wrongful death in the state of Arizona, as well as how long a settlement can take and what the compensation is.
What is a wrongful death settlement?
A wrongful death settlement is a specific legal settlement awarded to surviving family members following the death of a loved one.
They are awarded after a case has found that compensation should be granted following a death that could have been prevented.
Wrongful death settlements happen across the US every year, recognizing justice for people who should not have died in the circumstances they did, for example, after an accident at work or a fall within a residential nursing home. Other examples of wrongful deaths include:
- Accidental death relating to medication overdose or a medical malpractice
- Drowning or boat accidents
- Pedestrian, motorcyclists and other vehicle accidents
- A workplace accident on building sites or office settings
A wrongful death settlement will have been filed by an experienced attorney who specializes in this area of law, fighting on behalf of a family.
Once the damages are awarded, it is then down to the surviving family members to share and divide the compensation equally amongst themselves.
How do I file a wrongful death claim?
If your family member or loved has died under suspicious or wrongful circumstances, you can file a wrongful death claim directly with a specialized wrongful death attorney. Within the state of Arizona, there are many professional attorneys who work closely with state law to represent families in wrongful death cases.
Many wrongful death attorneys offer a free initial consultation with you to help determine:
- What your situation is
- Whether you have a case
- How they can help you and your family.
Hiring a legal professional means they will handle all aspects of your legal case, relieving you and your family in a very difficult and emotional time.
How long do I have to file a wrongful death lawsuit?
If you’re looking to file a wrongful death on behalf of your loved one, and live in Arizona, you have up to two years from the date they die to file a claim with a wrongful death attorney.
It’s important to act sooner rather than later if you suspect a death could have been prevented as leaving it after two years means by law you won’t have a legal case to file.
Seeking legal advice as soon as you suspect there was obvious negligence surrounding a loved one’s death will help speed up the process and ensure you get the right compensation and legal outcome that correctly reflects the situation.
How is a wrongful death settlement payout worked out?
A specialized attorney will work out the total financial compensation that each unique wrongful death case deserves based on a few different factors.
They will analyze the following and consider the implications of the case based on these:
- The nature of the accidental death
- The age and general health status of the deceased
- The occupation and annual income of the deceased person
- How many dependents are left and their circumstances
- Any outstanding medical bills caused directly by the case
- Any value of lost benefits such as life insurance, pensions, etc.
- All funeral costs
Your attorney will base their final settlement request based on all of the listed factors as they will recognize the importance of considering the deficit caused by the death of your family member.
Wrongful death settlements are not just figures plucked from the air or based on other similar cases, as they carefully consider the individual situation.
How long does it take to settle wrongful death claims?
As with all legal types of cases, the length of time it takes to reach a settlement depends on a few different factors including how and where the accidental death happened.
Wrongful death claims typically take several years to reach a settlement, as there are many factors to be considered when it comes to proving a death could have been prevented.
The average wrongful death lawsuit handled in Arizona takes between 1 – 4 years with an experienced attorney.
If you choose not to employ a legal representative your claim could be settled in under a year, but there is potential for compensation to be significantly less than if you had legal representation.
We always recommend seeking legal advice if you’re considering filing a wrongful death case, to ensure you and your family members receive the right compensation for your grief.
How much will a wrongful death settlement cost me in legal fees?
The cost of seeking legal advice in Arizona depends on who you choose to work with.
The cost of hiring an attorney is typically associated with expertise; the more experience they have and even the number of successful cases they have can significantly impact their fees.
It’s also important to discuss payment with your wrongful death attorney as every law firm works differently when it comes to payments.
Some will want an upfront payment before starting legal proceedings whereas others may simply deduct their fees from your final compensation amount awarded.
How much will the wrongful death settlement be?
In the US, wrongful death settlement payouts range from a few hundred thousand dollars to tens of millions, depending on the individual case and attorney.
The wrongful death settlement will depend on a few different factors including the circumstances in which the death happened.
There is no guarantee of millions of dollars but due to the very nature of wrongful death cases, the surviving family will be compensated for their loss.
In most wrongful death cases, the insurance company representing the company being sued will be making the payout.
Do you have to pay taxes on a wrongful death settlement?
No, following recent changes to tax law any personal physical injury or wrongful death settlement is not taxed.
Additionally under state law, as long as the settlement is for a compensatory case, the amount will remain non-taxable.
Who gets the money in a wrongful death settlement?
Due to the nature of a wrongful death settlement, the person who should be rewarded the compensation is no longer alive so any financial compensation is then awarded to their immediate family or a legal guardian or beneficiary in a will.
In the state of Arizona, the surviving family members will receive the payment and it is then up to the individuals to divide it equally. The following qualifies as an immediate family member:
- A spouse or legal partner
- A sibling
- A surviving child or children
- Legal guardian or beneficiary listed
If the family members cannot agree on the financial share of a wrongful death settlement, the family will then have to go through further legal proceedings to establish how much each individual will receive.
Other frequently asked questions about wrongful death settlements
There are many other questions around wrongful death settlements that people have including costs and whether insurance policies can cover you for a wrongful death if you’re a nursing home owner.
Does insurance cover a wrongful death case?
Yes a liability insurance policy will cover any kind of wrongful death settlement payout if you’re a registered and licensed nursing home owner. If your loved one had a life insurance policy that was within date when they died, the insurance company will pay out.
How quickly should I contact an attorney
If you suspect your loved one died under circumstances that could have been easily prevented or feel their nursing home could have done more to protect them, you could have a viable case for a wrongful death lawsuit.
You will have a window of two years from the date your family member passed away to file for a plausible wrongful death settlement case with an experienced attorney. The sooner you reach out for legal advice, the sooner your family can start fighting for justice.
Hiring an experienced wrongful death attorney who has proven experience handling cases of a similar nature will ensure you and your family receive the right level of justice on behalf of your deceased loved one.
Wrongful death settlements serve the purpose of seeking justice and support for the surviving family members of someone who has died as a direct result of an accident caused by negligence. The final payout will then reflect the suffering of both the deceased and their surviving family but also consider other factors as we’ve mentioned in our guide.
If you’re looking for legal advice or want to speak to an attorney today about a potential wrongful death case, speak to one of our team today.
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Our team of abuse attorneys is dedicated to seeking damages on behalf of those family members who are being abused and help you find better accommodations for them in the nearby area. We’ve worked on a number of nursing home abuse cases previously in your area and take the time to understand the family’s concerns as well as the situation they believe their loved one is in.
At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients obtain compensation for their loved one’s personal injuries, including nursing home wrongful death in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.
If you or a loved one has been the victim nursing home wrongful death, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.
